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fighting back (exec)     13 March 2012

What happens if divorce petition dismissed

Dear sir/madam,

   kindly enlighten me on my query here, after having filed a divorce petition in the family court, if a case is strongly contested by the wife and the case drags on, and in an event,  if it is dismissed by the court, can the applicant still stick to his stand of not wanting to continue this relationship of husband and wife, can the law force someone to stay with the other even if one party is totally against staying together with the party, and is under no circumstances willing to accept his wife in his life again.

if the husband is ready to pay more than what the judge has decided as monthly maintenence to his wife, and even ready to provide a rented accomodation to his wife, but at any cost wants a divorce as he feels he is not compatible with his wife. and wants to move ahead in life.

does the law pressurize to carry on with the wife forever even if the husband is ready to court arrest and go to jail, rather than to live with a person who he never liked and will  never like.

dear members, i am really not joking here, but this is my situation, that i desparately want to get separated from my wife, i am willing to bear the monthly maintenence decided by the court, provide her a decent rented accomodation too. but i want to be a separate person from her. does the law forcefully bind 2 people, if the divorce petition is dismissed by the court which is filled by the husband. kindly shed light on this scenario pls



Learning

 13 Replies

Tajobsindia (Senior Partner )     13 March 2012

@ Author


You cannot file second divorce suit on same facts. However if grounds exists you can challenge dismissal of first divorce suit. See the water level and act accordingly.


Now I have two views based on wisdom practically seen in Hon’ble SC;


1.
Yes. You can have divorce if alimony payment is hefty.
2.
No. You cannot have your freedom away from her even with offer of money!


Also now I have one observation to make to your zist of query before us;


1.
You did not select the right Advocate to service your facts just like your selection of a wife was also not right so it seems otherwise you would not have stubuled upon this forum :-) 


Now let us walk down to trail Court level for a change……


Option with you is to live separate with your wife in a rented place for few days if you fear matrimonial home will be grabbed by her.


While living separately ask parents to file injunction / restraining Application for matrimonial home safety from DIL.


While suit matter is sub-judice shift your self to another rented home and both parties live separately.


You can also file additional ad-interim Application the moment you separate from her in same suit matter of your parents as necessary party i.e. to restrain / injunction provided to you not to entertain your wife to come to your rented place.


With passage of time unless she is not the last Nun we have seen on metros she herself will file for divorce and then you can meet her in Court with your largesse (money) offer and time can say if she accepts (grabs) same and call it quits.


There is third option available to both of you that is opt for some serious marital counseling.


Fourth and probably the only option cometh …...... have patience………

1 Like

Shantanu Wavhal (Worker)     13 March 2012

your selection of a wife was also not right

 

True colours are displayed after marriage - i say this from my own experience

Bakra fasao - fir natak shuru !

sri (ceo)     14 March 2012

people live separated; wife getting maintenance and rented accommo...

wherever you move, wife will follow with maintenance and alimony claim inching up your moving ahead in life....

i think money matters here... paisa phekh tamasha dekh...

find middlemen who can talk thru and settle money...

dont head the bush, beat the devil...

sri (ceo)     14 March 2012

oops......dont beat the bush, beat the devil...

rajiv_lodha (zz)     14 March 2012

Nobody can FORCE a person to LIVE with another one, there are numerous ways to live separately from her if u do not bother PAYING her, PROVIDE ACCOMODATION to her, PAY SOME BUCKS TO BLACK-COATS!

Shantanu Wavhal (Worker)     14 March 2012

@ rajiv lodha,

PAY SOME BUCKS TO BLACK-COATS!

 

kindly do not use such generalized words.

there are myriads of respectable advocates too, whom i respect from the bottom of my heart.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

There is still an appeal.

 

Also there is a plea to SC for divorce on "irretrievable breakdown of marriage"

 

However, both have little chance of succeeding. 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

1 Like

rajiv_lodha (zz)     18 March 2012

Originally posted by :Amit---------------
"
@ rajiv lodha,

PAY SOME BUCKS TO BLACK-COATS!

 

kindly do not use such generalized words.

there are myriads of respectable advocates too, whom i respect from the bottom of my heart.
"

Amit bro!
I do not see offence if I say - pay to black coats.................dont we pay fee to these fellows when they fight our case? Its their rightful earning...................not like PARASITES WHO SUCK MONTHLY MAINTENENCE WITHOUT EVEN LIFTING A HAND (498a-terrorists)

1 Like

Shantanu Wavhal (Worker)     19 March 2012

@ rajiv_lodha

 

aah !

take it easy dude !! :)

sri (ceo)     19 March 2012

Parasites is a heavy word... i would suggest type this word, select and right click you get synonyms...

Parasite

scrounger

freeloader

leech

bloodsucker

sponge

now among these... sponge is a very nice word... give it with a smile... diplomacy wins wars... atleast can sleep on it ever since 1947...

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2012

lol Sri.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sherry_bal (Professor)     21 March 2012

@ shonee - What can be the creteria for irretrievable breakdown of marriage .... is it at descrition of judge to decide whether it is irretreivable or still retreivable .

 

Regards,

BAL

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 March 2012

It is the sole dsicretion of SC.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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